WORKING OVER TIME IN THE TRIAL TIME ARE PAYABLE FOR OVERTIME WORK?

During the probationary period, can workers work overtime? How to calculate? These are issues that many workers are still confused.

“The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.”

Article 26 of the 2019 Labor Code:

Accordingly, the employer will pay the employee during the probationary period, the salary depending on the agreement of the two parties, however, the minimum is 85% of the official salary.
However, according to Article 98, the employee working overtime is paid at the unit price of salary or food payment according to the work is done as follows: (i) at least 150% for normal days; (ii) at least 200% for weekdays; and (iii) at least 300% for public holidays, and paid leave.
Thus, workers who are in the probationary period, will be paid overtime salary as prescribed by law. The overtime salary is calculated according to the salary unit price during the probation period that the two parties have agreed upon. Regarding specific formulas, Article 55 of Decree 145/2020/ND-CP has detailed instructions. Accordingly, there are 2 cases:

The first is for employees who receive salary over time:

The second is for employees who are paid according to the product: